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M the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:10-cv-00098-JRS) Argued: October 27, 2011 Decided: December 14, 2011 Before NIEMEYER, WYNN, and DIAZ, Circuit Judges. Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Judge Diaz joined. Judge Wynn wrote a dissenting opinion. COUNSEL ARGUED: Henry Woods McLaughlin, III, LAW OFFICE OF HENRY MCLAUGHLIN, P.C., Richmond, Virginia, for App.
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